Lawstreet Journal

UP Govt Opposes UAPA Accused Atiq-Ur-Rehman's Habeas Corpus Plea In Allahabad High Court

Lawstreet Journal 5 Mar 2022 9:52pm

Image courtesy: Lawstreet Journal Judiciary UP Govt Opposes UAPA Accused Atiq-Ur-Rehman's Habeas Corpus Plea In Allahabad High Court

Case Title: Atiq Ur Rehman And 2 Others v. State of U.P. and Another

On behalf of the Government of Uttar Pradesh, the Additional Advocate General submitted an objection to the maintainability of the Habeas Corpus plea filed by UAPA accused Atiq-ur-Rehman, alleging improper judicial detention, before the Allahabad High Court on Wednesday.

AAG argued before a bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar that the matter had gone to the Supreme Court (Kerala Union of Working Journalists v. Union of India & Ors.) at the request of other co-accused in this alleged Hathras conspiracy case, and the Apex court had said that the accused can apply for grant of bail or take such other steps as may be available in law by virtue of Section 482 Cr.P.C. and Article 226 of the Constitution of India.

The highest court also took notice of the fact that Rehman and the other accused were brought before a jurisdictional court following their arrest, and that a lengthy charge sheet had already been filed with the court in question, according to AAG.

The AAG further claimed that Rehman's habeas corpus petition asserts that his remand was acquired from a court with no jurisdiction in the case, but that claim was considered and rejected by the revisional court, and Rehman has not appealed that judgement so far.

As a result, AAG argued that, under the law enunciate down by the full bench of this High Court in Km. Rachna and Others… Continue Reading...


Tagged: Allahabad High Court  
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